UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION
Plaintiff A
Plaintiff,
v.
EXPERIAN INFORMATION SOLUTIONS INC.
and
LEXISNEXIS RISK DATA RETRIEVAL SERVICES LLC
Defendant.
Civil Action No.
COMPLAINT FOR VIOLATIONS OF FAIR CREDIT REPORTING ACT
DEMAND FOR JURY TRIAL
I.PRELIMINARY STATEMENT
1. This is an action for damages brought by an individual consumer against the Defendants for violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681, et seq., as amended.
II.
JURISDICTION AND VENUE
2. Jurisdiction of this Court arises under 15 U.S.C. § 1681p and 28 U.S.C. § 1331.
3. Venue lies properly in this district pursuant to 28 U.S.C. § 1391(b).
III.
PARTIES
4. Plaintiff is an adult individual who resides in TX.
5. Defendant Experian Information Solutions, Inc. (“Experian”) is a business entity and consumer reporting agency that regularly conducts business in the Central District of California, and which has its headquarters and a principal place of business located at 475 Anton Boulevard, Costa Mesa, CA 92626.
6. Defendant LexisNexis Risk Data Retrieval Services LLC (“Lexis”) is a business entity that provides background screening services, decisions-making intelligence, and operates as a consumer reporting agency and furnisher of credit information. Lexis regularly conducts business in the Central District of California, and has a principal place of business at 1000 Alderman Drive, Alpharetta, GA, 30005.
IV.
FACTUAL ALLEGATIONS
7. Defendants have been reporting derogatory and inaccurate statements and information relating to Plaintiff and Plaintiff’s credit history to third parties (“inaccurate information”).
8. The inaccurate information includes, but is not limited to: three (3) Federal tax liens that should not be reporting on Plaintiff’s personal credit files or reports, which do not belong to the Plaintiff.
9. The inaccurate information reporting on Plaintiff’s credit reports is not directly derived from government records or court dockets. The original supplier of this inaccurate information to Experian was Lexis, or Lexis’ corporate predecessor and/or its contractors. Lexis or its corporate predecessor through its contractors obtains select information from court and government records, not the complete or actual public records, and then molds and fabricates that select information into the format which it sells to Experian and other third parties to be placed upon consumer credit reports.
10. As evident in the IRS records from the operative years, Plaintiff is not personally liable for these Federal tax liens, and that they are clearly not entered against her. IRS records confirm that her tax liability is $0 and that she has no tax liens filed against her.
11. Nevertheless, Experian is reporting the Federal tax liens on the personal credit files and reports of Plaintiff.
12. Lexis continues to report inaccurate information, as it has not updated the select information that it compiles and sells about the Plaintiff, and it instead continues to inaccurately report and verify the Federal tax liens incurred by a business entity on Plaintiff’s personal credit reports to Experian and/or other third parties.
13. Plaintiff has disputed the inaccurate information on at least two occasions with Experian, by following Experian’s established procedures for disputing consumer credit information, beginning in or around November 2010.
14. Further, Lexis, as the original supplier and as a credit furnisher of this information, was advised of Plaintiff’s disputes through Experian. Despite these disputes, Lexis failed to investigate and correct the inaccurate Federal tax liens within 30 days as required by the FCRA. To the contrary, both Lexis and Experian verified as purportedly accurate the Federal tax liens and left them on Plaintiff’s credit reports.
15. Notwithstanding Plaintiff’s efforts, Experian has sent Plaintiff correspondence indicating its intent to continue publishing the inaccurate information and Experian continues to publish and disseminate such inaccurate information to other third parties, persons, entities and credit grantors. Experian has repeatedly published and disseminated consumer reports to such third parties from at least November 2010 through the present.
16. The inaccurate information negatively reflects upon the Plaintiff, Plaintiff’s credit repayment history, Plaintiff’s financial responsibility as a taxpayer and Plaintiff’s creditworthiness.
17. Defendants have been reporting the inaccurate information through the issuance of false and inaccurate credit information and consumer reports that they have disseminated and resold to various persons, both known and unknown.
18. Despite Plaintiff’s efforts, Defendants have never: (1) contacted Plaintiff to follow up on, verify and/or elicit more specific information about Plaintiff’s disputes; (2) contacted any third parties that would have relevant information concerning Plaintiff’s disputes; or (3) forwarded all relevant information concerning Plaintiff’s disputes to the entities originally furnishing the inaccurate information.
19. Despite Plaintiff’s exhaustive efforts to date, Defendants have nonetheless deliberately, willfully, intentionally, recklessly and negligently repeatedly failed to perform reasonable investigations and/or reinvestigations of the above disputes as required by the FCRA, failed to remove the inaccurate information, failed to report on the results of their investigations and/or reinvestigations to all credit reporting agencies and continued to report the derogatory inaccurate information about Plaintiff.
20. As of result of Defendants’ conduct, Plaintiff has suffered actual damages in the form of lost credit opportunities, harm to credit reputation and credit score, and emotional distress, including humiliation and embarrassment.
21. At all times pertinent hereto, Defendants were acting by and through their agents, servants and/or employees who were acting within the course and scope of their agency or employment, and under the direct supervision and control of the Defendants herein.
22. At all times pertinent hereto, the conduct of the Defendants, as well as that of their agents, servants and/or employees, was malicious, intentional, willful, reckless, and in grossly negligent disregard for federal and the rights of the Plaintiff herein.
V.
FIRST CLAIM FOR RELIEF
Experian’s Violations of the FCRA
23. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
24. At all times pertinent hereto, Experian was a “person” and “consumer reporting agency” as those terms are defined by 15 U.S.C. §§ 1681a(b) and (f).
25. At all times pertinent hereto, the Plaintiff was a “consumer” as that term is defined by 15 U.S.C. § 1681a(c).
26. At all times pertinent hereto, the above-mentioned credit reports were “consumer reports” as that term is defined by 15 U.S.C. §§ 1681a(d).
27. Pursuant to 15 U.S.C. § 1681n and 15 U.S.C. § 1681o, Experian is liable to the Plaintiff for willfully and negligently failing to comply with the requirements of 15 U.S.C. § 1681e(b) and § 1681i.
28. The conduct of Experian was a direct and proximate cause, as well as a substantial factor, in bringing about the serious injuries, actual damages and harm to the Plaintiff that are outlined more fully above and, as a result, Experian is liable to the Plaintiff for the full amount of statutory, actual and punitive damages, along with the attorney’s fees and the costs of litigation, as well as such further relief, as may be permitted by law.
VI.
SECOND CLAIM FOR RELIEF
Lexis’ Violations of the FCRA
29. Plaintiff incorporates the foregoing paragraphs as though the same were set forth at length herein.
30. At all times pertinent hereto, Lexis was a “person” and a “consumer reporting agency” as those terms are defined by 15 U.S.C. §§ 1681a(b) and (f), and also a “furnisher” of credit information.
31. At all times pertinent hereto, Plaintiff was a “consumer” as that term is defined by 15 U.S.C. § 1681a(c).
32. At all times pertinent hereto, the above-mentioned credit reports were “consumer reports” as that term is defined by 15 U.S.C. § 1681a(d).
33. Pursuant to 15 U.S.C. § 1681n and 15 U.S.C. § 1681o, Lexis is liable to the Plaintiff for willfully and negligently failing to comply with the requirements of 15 U.S.C. § 1681i; 15 U.S.C. § 1681e(b), and 15 U.S.C. § 1681s-2(b).
34. The conduct of Lexis was a direct and proximate cause, as well as a substantial factor, in bringing about the serious injuries, actual damages and harm to the Plaintiff that are outlined more fully above and, as a result, Lexis is liable to the Plaintiff for the full amount of statutory, actual and punitive damages, along with the attorney’s fees and the costs of litigation, as well as such further relief, as may be permitted by law.
VII.
JURY TRIAL DEMAND
35. Plaintiff demands trial by jury on all issues so triable.
VIII.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff seeks judgment in Plaintiff’s favor and damages against the Defendants, based on the following requested relief:
(a) Actual damages;
(b) Statutory damages;
(c) Punitive damages;
(d) Costs and reasonable attorney’s fees pursuant to 15 U.S.C.
§§ 1681n and 1681o; and
(e) Such other and further relief as may be necessary, just and proper.
Respectfully Submitted by:
Attorney for Plaintiff